Details for Patent: 8,889,186
Summary for Patent: 8,889,186
| Title: | Modified release compositions comprising tacrolimus |
| Abstract: | A modified release composition comprising tacrolimus releases less than 20% w/w of the active ingredient within 0.5 hours when subjected to an in vitro dissolution test using USP Paddle method and using 0.1 N HCl as dissolution medium and has increased bioavailability by effectively reducing or even avoiding the effects of CYP3A4 metabolism. The modified composition may be coated with an enteric coating; and/or may comprise a solid dispersion or a solid solution of tacrolimus in a hydrophilic or water-miscible vehicle and one or more modifying release agents; and/or may comprise a solid dispersion or a solid solution of tacrolimus in an amphiphilic or hydrophobic vehicle and optionally one or more modifying release agents. |
| Inventor(s): | Per Holm, Tomas Norling |
| Assignee: | Veloxis Pharmaceuticals Inc |
| Application Number: | US14/079,466 |
|
Patent Claim Types: see list of patent claims | Use; Composition; Formulation; Dosage form; |
| Patent landscape, scope, and claims: | Scope and claim construction of U.S. Patent 8,889,186: oral extended-release tacrolimus methods to suppress transplant rejection U.S. Patent 8,889,186 is directed to methods of suppressing rejection reactions in organ transplant recipients using oral, solid, extended-release tacrolimus compositions calibrated to specific pharmacokinetic exposure and dissolution targets relative to Prograf (tacrolimus immediate release; NDA 050708). The claims are largely functional and performance-based, with enforceability anchored to (i) W50 duration (≥10 hours), (ii) controlled Cmax reduction (≤80% of Prograf for a similar dose), (iii) designed avoidance of CYP3A4 metabolism in the GI tract, (iv) defined in vitro dissolution release ceilings, and in some claims a once-daily regimen or particle/dgw and vehicle dispersion parameters. What is the invention claimed in U.S. Patent 8,889,186 (tacrolimus W50 ≥10 hours, Cmax ≤80% of Prograf)?Core claim theme: The patent claims a clinical method (suppression of rejection) carried out by orally administering a specific solid extended-release tacrolimus product with defined PK and dissolution characteristics. Claim 1 anchor elements (method-of-use with product performance limits)Claim 1 requires, in a single administered product/step set:
Performance-based limitations drive claim scopeAcross the set, the patent does not claim a specific polymer, coating, or matrix by name in your provided text. Instead, it claims results:
This structure typically yields broad formulation coverage (many “ways” to achieve the PK/dissolution endpoints) but also means infringement proof can be parameter-heavy: challengers and litigators focus on how the comparator is defined, what “similar dose” means operationally, and whether the accused product meets the numeric thresholds. How do the claims compare across product types: “modifying release agents” vs tacrolimus particles (dgw 100–700 µm)?The claims split into two main formulation architecture buckets: Bucket A: extended-release compositions with modifying release agents (Claims 1–14)
Bucket B: tacrolimus particles with vehicle dispersion/dissolution and dgw limits (Claims 15–18)
Implication for scope: Bucket A likely captures a wider range of extended-release solid systems (matrix, multilayer, coated, reservoir, or other mechanisms) as long as the administered composition meets the numeric PK/dissolution endpoints. Bucket B narrows to particle size/vehicle distribution parameters, potentially limiting coverage against products that achieve the PK endpoints via different particle engineering or different granulation regimes. What do the key pharmacokinetic metrics (W50, Cmax, Cdiff, AUC fed/fasted) mean for infringement and licensing?1) W50 ≥ 10 hours (Claims 1 and 14 independent; Claim 15)
Infringement practicalities: A defendant can argue test design differences (assay methods, sampling schedule, population, fed/fasted state). The claim language, however, is numeric and objective, so litigation will likely turn on study-generated PK curves and whether W50 meets or misses the threshold. 2) Cmax at most ~80% of Prograf (Claims 3, 4, 6, 14, 16)
Scope consequence: A product that has W50 ≥ 10 hours but whose Cmax is not sufficiently suppressed compared to Prograf may not fall within these Cmax-related claims, even if it is extended-release. 3) Cdiff ≤ 80 (Claim 6)
Claim construction in litigation: “Relative to Cdiff of 100 for Prograf” indicates a pre-established method-of-determination in the patent’s specification (not provided here). Even so, the asserted claims are crisp: if the accused product yields a Cdiff above 80 (under the defined method), it falls outside. 4) AUCfed/AUCfasted ≥ 0.9 (Claim 9)
Licensing lens: This constraint narrows acceptance to tacrolimus ER technologies with consistent GI handling and absorption. What dissolution/release limitations are used to control the “release rate” element (Claims 10–12, 17–18)?The dissolution clauses are very specific. They require in vitro dissolution results under:
Time-anchored release ceilings
Scope implications:
Design-around note: Products that achieve in vivo W50 and Cmax suppression but do not meet the in vitro “≤62% in 15 hours” (or tighter nested limits) would miss those dependent claims. What other dependent claim limitations matter: zero-order, plasma window, CPI avoidance, dosage form, once daily?Zero order release profile (Claim 7)
Plasma concentration window for at least 24 hours (Claim 8)
Designed to avoid CYP3A4 metabolism in GI tract (Claim 5)
Compressed tablet dosage form (Claim 13)
Once daily dosing (Claim 14)
Scope consequence: Claims 13 and 14 can be used to target specific label or manufacturing form factors (tablet vs capsule) and dosing regimens in commercial practice. How strong is the patent estate for these use/product performance limitations (typical litigation posture for ER tacrolimus numeric claims)?Based on the claim architecture you provided, U.S. Patent 8,889,186 is positioned as a product-by-performance method-of-use patent. In practice, this often leads to:
Because the independent claims (1, 14, 15) all include at least the W50 ≥ 10 hours limitation, any competitor ER tacrolimus that does not achieve that W50 threshold is outside the broad independent claim set. But competitors can still fall into dependent-claim gaps if they meet W50 without meeting Cmax reduction or dissolution ceilings. What would be the infringement theory for a generic or “authorized” tacrolimus ER product?For any accused product, infringement analysis typically matches claim elements to product performance:
This claim set is compatible with a clinical-and-analytical dossier infringement case: PK studies plus dissolution testing under the specified method. When does exclusivity end for U.S. Patent 8,889,186 (patent expiration and regulatory interaction)?No expiration or filing data is included in the prompt. Without the patent’s filing date, grant date, and any applicable PTA (patent term adjustment) or terminal disclaimer details, it is not possible to calculate or state a definitive U.S. expiration date in a way that would be accurate. What competitive landscape implications follow from these specific constraints (Cmax suppression + food-effect stability + GI CYP3A4 avoidance)?These constraints align with known problem areas in tacrolimus oral delivery:
From a competitive strategy standpoint:
Key Takeaways
FAQs1) What does “W50” mean in tacrolimus ER patent claims? 2) How do “Cmax ≤ 80% of Prograf” claims differ from non-comparative ER claims? 3) What USP Paddle dissolution conditions are tied to these dependent claims? 4) Do particle size limits (dgw 100–700 µm) matter for all claims? 5) Can a product that meets W50 avoid coverage by failing dissolution thresholds? ReferencesNo external sources were provided or cited in the prompt. More… ↓ |
Drugs Protected by US Patent 8,889,186
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| >Applicant | >Tradename | >Generic Name | >Dosage | >NDA | >Approval Date | >TE | >Type | >RLD | >RS | >Patent No. | >Patent Expiration | >Product | >Substance | >Delist Req. | >Patented / Exclusive Use | >Submissiondate |
International Family Members for US Patent 8,889,186
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Austria | 473003 | ⤷ Start Trial | |||
| Austria | 531368 | ⤷ Start Trial | |||
| Australia | 2004267909 | ⤷ Start Trial | |||
| Australia | 2004267910 | ⤷ Start Trial | |||
| Brazil | PI0413927 | ⤷ Start Trial | |||
| Brazil | PI0414000 | ⤷ Start Trial | |||
| Canada | 2537041 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
